People v. Rhodes
305 Mich. App. 85
Mich. Ct. App.2014Background
- Defendant (Rhodes) was convicted of assault with intent to commit great bodily harm and felony-firearm; sentenced to 5½–10 years (assault) plus consecutive 2 years (felony-firearm).
- This Court previously affirmed convictions and sentence; Michigan Supreme Court vacated the sentencing portion and remanded for reconsideration in light of People v Hardy.
- At sentencing the trial court scored Offense Variable (OV) 14 at 10 points, finding Rhodes a "leader" because he was the only person in possession of a gun during the assault.
- Record evidence: two active participants (Rhodes and Terence Adams) assaulted the victim; Rhodes had a gun and fired shots; Adams corroborated punching and seeing a gun but denied knowledge of plans.
- Under MCL 777.44(2)(b), multiple leaders may be found only when at least three offenders participate; here only two offenders are supported by the record.
- Appellate court concluded the gun possession alone did not meet the Hardy preponderance-of-the-evidence standard to establish leadership and ordered resentencing because the corrected OV score altered the guidelines range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard to review OV scoring | Hardy requires factual findings supported by a preponderance of evidence; any-evidence standard is invalid | Court of Appeals previously applied any-evidence standard to uphold OV 14 | Court applies Hardy: clear-error review of facts and de novo review of application; rejects any-evidence standard |
| Whether Rhodes was a "leader" for OV 14 | Prosecutor argued Rhodes was leader because he possessed and used the gun, led the attack | Rhodes argued gun possession alone insufficient; no evidence he initiated, directed, or guided Adams | Gun possession alone insufficient to show leadership by preponderance; OV 14 scoring reversed (should be 0) |
| Number of leaders permissible under OV 14 | N/A (statutory interpretation) | N/A | Statute permits multiple leaders only if at least three offenders participated; here only two offenders supported by record |
| Whether scoring error requires resentencing | State argued sentence stands or error harmless | Rhodes argued corrected OV reduces guideline range making current sentence outside range | Correcting OV 14 reduces OV level and guideline range; current minimum (66 months) exceeds corrected range, so resentencing required |
Key Cases Cited
- People v Hardy, 494 Mich 430 (Mich. 2013) (OV factual findings must be supported by a preponderance of the evidence; rejects any-evidence standard)
- People v Davis, 300 Mich App 502 (Mich. Ct. App. 2013) (applied any-evidence standard for upholding sentencing findings)
- People v Sims, 489 Mich 970 (Mich. 2011) (resentencing not required if scoring error does not alter guidelines range)
- People v Jackson, 487 Mich 783 (Mich. 2010) (inaccurate guidelines score that affects range entitles defendant to resentencing)
- Ter Beek v City of Wyoming, 495 Mich 1 (Mich. 2014) (courts may consult dictionary definitions when statutory terms lack legislative definition)